ALAMANCE COUNTY UNIFIED DEVELOPMENT ORDINANCE ARTICLE I GENERAL. 1. Short Title

Transcription

1 ALAMANCE COUNTY UNIFIED DEVELOPMENT ORDINANCE ARTICLE I GENERAL 1. Short Title This ordinance shall be known as and may be cited as the Alamance County Unified Development Ordinance, or the UDO. 2. Purpose The purpose of this Ordinance is to establish unified requirements and procedures for the development, maintenance and subdivision of properties within Alamance County s jurisdiction. These standards are adopted in order to promote and protect citizen s health, safety and welfare. 3. Exceptions to Applicability a. Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which this Ordinance specifically replaces. When other ordinances or statutes impose more restrictive standards than those contained in this Ordinance, the more restrictive ordinances or statutes shall govern. b. It is not intended that this Ordinance shall be construed to preempt or supersede valid restrictive covenants running with the land. However, if the provisions of this Ordinance impose greater restrictions or higher standards for the use of a building or land, then the provisions of this Ordinance shall control. 4. Authority a. For Floodplain: The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare. b. The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3 and 4 of Article 18 of Chapter 153A; and Part 121, Article 6 of Chapter 153A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. 5. Jurisdiction a. This Ordinance shall apply as specified herein to all unincorporated areas of Alamance County. Some Ordinance provisions will apply to municipalities Extra Territorial Jurisdiction and will be noted as such in each section. b. For regulations pertaining to Floodplain, this ordinance shall apply to all Special Flood Hazard Areas within the jurisdiction, including Extra Territorial Jurisdictions (ETJs) if Page 1 of 12

2 applicable, of Alamance County and within the jurisdiction of any other community whose governing body agrees, by resolution, to such applicability. 6. Repeal of Existing Regulations Commented [LH1]: May be covered in each section; perhaps just, As specified herein. a. Upon adoption, this Ordinance shall incorporate, rescind and replace the following Ordinances: i. Abandoned and Junk Motor Vehicles ii. Dead Storage of Manufactured Homes Ordinance Adult Establishment Ordinance iii. Manufactured Home Park Ordinance Automobile Graveyards Ordinance iv. Sexually Oriented Businesses Ordinance Flood Damage Prevention Ordinance v. Subdivision Ordinance Height Restriction Ordinance vi. Watershed Protection Ordinance Heavy Industrial Development Ordinance vii. Wireless Communications Facilities Ordinance viii. Historic Properties Commission Ordinance ix. Planning Board Ordinance 7. Relationship to Adopted Plans The provisions of this Ordinance and any amendment thereto shall be consistent with the goals of policies included in any adopted Comprehensive or other specialized study related to land development within the planning jurisdiction of Alamance County. 8. Amendment of Ordinance a. The Board of County Commissioners may, on its own motion or on petition, after public notice and hearing, amend, supplement, change or modify the regulations and restrictions as described herein. b. No action shall be taken until the proposal has been submitted to the Planning Board for review and recommendation. If no recommendation has been received from the Planning Review Board within forty five (45) days after submission of the proposal to the Chairman of the Planning Board, the Board of County Commissioners may proceed as though a favorable report had been received. c. Additional requirements for approval or submittal to other agencies may be required as specified herein. Commented [LH2]: Does the Planning Board want a time limit? Potentially, if the revision is requested prior to a meeting that gets cancelled, it could be 60 days between meetings. 9. Conflict with other Ordinances This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Page 2 of 12

3 10. Interpretation In the interpretation and application of this ordinance, all provisions shall be: a. Considered as minimum requirements; b. Liberally construed in favor of the governing body; and c. Deemed neither to limit nor repeal any other powers granted under State statutes. 11. Effective Date a. This Ordinance shall become effective and in full force on xx. b. Specific provisions for pre existing or non conforming development is contained in the text of the Ordinance. Commented [LH3]: Planning Board to pick date. Can be hard start or delayed. Probably not a huge deal except to staff if policy stays mostly neutral. 12. Severability If any section or specific provision or standard of this Ordinance is found by a court of competent jurisdiction to be invalid, the decision of the court shall not affect the validity of any other section, provision, or standard of this Ordinance. Page 3 of 12

4 ARTICLE II REVIEW AUTHORITY & ORDINANCE ADMINSTRATION This section is intended to create and clarify levels of responsibility for the various permits and processes outlined in this Ordinance. 1. Planning Board 1) There is hereby created an Alamance County Planning Board, which said Board shall: a) Serve as advisory body to the Alamance County Planning Department; b) Study and suggest policies to the Planning Department, the County Manager, and the Board of Commissioners; c) From time to time make recommendations for the establishment and implementation on the functions of the Planning Department in addition to those set forth in this ordinance; and d) Set up a program of public meetings with respect to the role of panning for the County and the functions of the Planning Department in order to encourage public participation and expression and a better understanding of the needs of the County. 2) The membership of the Planning Board shall be composed of thirteen (13) citizens of Alamance County and: a) Terms for members of the Planning Board shall last for three (3) years with a two (2) term limit. After two full consecutive terms, outgoing members shall be ineligible for reappointment for a period of one (1) year. b) The Planning Board may offer a recommendation to the Board of Commissioners for board candidates, but such recommendation shall not be mandatory for appointment. c) Members of the Planning Board must reside full time in Alamance County. Failure to be a full time resident of Alamance County shall be grounds for removal from the Planning Board, upon a vote of the Board of Commissioners. d) In order to achieve participation from all areas of the County, no more than two members of the Planning Board should reside in a single township. Residency will be based on Members primary place of residence. Any change of residence must be reported to the Clerk to the Planning Board within ninety (90) days. e) Any vote shall be carried by a simple majority present at the meeting. f) A member of the Board of Commissioners shall be named as an ex officio (without vote) member of the Board in order to provide liaison between the Planning Board and the Board of Commissioners. 3) Meetings of the Planning Board shall be held at least quarterly. At the first meeting in each calendar year, the Planning Board shall elect a Chair, Vice Chair, and the Planner in Charge or designate shall serve as the Clerk to the Planning Board. Additionally at the first meeting in each calendar year, the Planning Board shall adopt an annual meeting schedule which shall be properly posted outside of the meeting room and registered with the Clerk to the Board of County Commissioners. 4) Any ordinances or parts of ordinances in conflict with this resolution and ordinance hereby repealed, and this ordinance shall be in full force and effect as an ordinance of Alamance County from and after the date of its adoption by the Board of County Commissioners; and should any section, paragraph, sentence, clause, or phrase of this ordinance be declared Commented [LH4]: Is this covered by previous statement Page 4 of 12

5 unconstitutional or invalid for any reason, the remainder of the ordinance shall not be affected thereby. 5) The Planning Department is responsible for carrying out the recommendations of the Planning Board as directed by the Planning Director. Commented [LH5]: Appeal? 2. Historic Properties Commission (HPC) 1) There is hereby established, by authority of Chapter 160A, Article 19, Part 3C of the North Carolina General Statutes, a joint historic properties commission to be known as the Alamance County Historic Properties Commission or HPC. The jurisdiction of the Commission shall include the unincorporated areas of the County and the planning jurisdictions of the municipalities that adopt this ordinance. Commented [LH6]: Appeal? 2) This ordinance is created in order to: a) Recognize that the historical heritage of Alamance County is a valuable and important asset. By listing and regulating historic districts and landmarks, and acquiring historic properties, Alamance County seeks: i) To safeguard the heritage of the County, including its municipalities, by preserving districts and landmarks therein that embody important elements of its culture, history, architectural history, or prehistory; and ii) To promote the use and conservation of such districts and landmarks for the education, pleasure, and enrichment of the residents of the County and State as a whole. b) The Commission shall consist of at least 9 members but no more than 15 members appointed by the Board of Commissioners of Alamance County. The Commission shall elect a Chair and Vice Chair annually. All members must reside within the Commission s jurisdiction. c) In making appointments to the Commission, the Board of Commissioners shall strive to appoint members geographically representing all areas of the HPC s territorial jurisdiction, including but not limited to, participating municipalities. In making appointments to the Commission, the Board of Commissioners shall seek the advice of local governing bodies, such as State or local historical agencies, societies, or organizations it may deem necessary. The Commission may appoint advisory bodies and committees as appropriate. d) Qualifications of Members: A majority of the members shall have demonstrated special interest, experience or education in history, architecture, archaeology, or related fields. e) Terms: Beginning 24th October 1977, four members of said Commission shall serve an initial term of four years, and three members shall serve an initial term of three years, and three members shall serve an initial term of two years. After the expiration of said initial terms, the terms of office shall be for three years for each member of said Page 5 of 12

6 Commission. Vacancies occurring for reasons other than expiration of term shall be filled as they occur for the period of the unexpired term. Active attendance at the meetings of the Commission is a prerequisite for membership of the Commission. Members are allowed up to three unexcused absences annually before disciplinary action will be taken. f) Rules of Procedure: The Commission shall adopt rules of procedure necessary to the conduct of its affairs and in keeping with the provisions of this ordinance. The rules of procedure adopted by the Commission shall at least provide for the selection of officers in the Commission, the time and place of its regular meetings and the calling of special meetings, the procedures for the conduct of public hearings, the conduct of voting, the forms to be used in applying for and issuing or denying Certificates of Appropriateness, and a list of minor works for which staff may issue Certificates of Appropriateness. Robert s Rules of Order shall be used during meetings. g) Powers and Duties: The Commission is authorized and empowered to undertake such actions reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this ordinance and the N.C. General Statutes, including but not limited to the following: i) Undertake an inventory of properties of historical, prehistoric, architectural, archaeological, and/or cultural significance. ii) Recommend to the local governing body with which the County has entered an agreement, individual buildings, structures, sites, areas, or objects within its zoning jurisdiction to be designated by ordinance as historic landmarks, and areas within its zoning jurisdiction to be designated by ordinance as historic districts. iii) Recommend to the local governing body that designation of any area as a historic district or part thereof, or of any building, structure, site, area, or object as a historic landmark, be revoked or removed for cause. iv) Review and act upon proposals for alteration or demolition of designated landmarks and for alteration, demolition, or new construction within historic districts, pursuant to this ordinance. v) Report violations of this ordinance, or other ordinances affecting historic landmarks and properties within historic districts, to the local official responsible for enforcing this ordinance. vi) Act as, establish, or designate a group, body, or committee to give advice to owners of historic landmarks or property within a historic district concerning the treatment of the historic and visual characteristics of their property, such as color schemes, gardens and landscape features, minor decorative elements, and for the informal review of major additions and new construction. vii) Conduct an educational program on historic landmarks and districts within the county. viii) Publish information, or otherwise inform the public about any matters pertinent to its purview, duties, organization, procedures, responsibilities, functions, or requirements. ix) Cooperate with state, federal, and local governments in pursuing the purposes of this ordinance. The local governing body, or the Commission when authorized by the appropriate local governing body, may contract with the State, or the United Page 6 of 12

7 States of America, or any agency of either, or with any other organization, provided the terms are not inconsistent with the state or federal law. x) Communicate with other boards or commissions in Alamance County or with agencies of the County, or other governmental units to offer or request assistance, aid, guidance, or advice concerning matters under its purview or of mutual interest. xi) Prepare and recommend the official adoption of a historic preservation element as part of the County s comprehensive plan and a municipality s comprehensive plan, at the request of the local governing body. xii) Accept funds to be used for preservation purposes that are granted to the Commission by private individuals, organizations, and local governing bodies. xiii) Acquire by any lawful means the fee or any lesser included interest, including options to purchase, to any historic landmarks, land to which historic buildings or structures may be moved, or properties located within historic districts; hold, manage, preserve, restore, and improve the interest; and exchange or dispose of the interest by public or private sale, lease, or otherwise, subject to covenants or other legally binding restrictions which will secure appropriate rights of public access and promote the preservation of the property. All lands, buildings, structures, sites, areas, or objects acquired by funds appropriated by a local governing body shall be acquired in the name of the local government unless otherwise provided by the local governing body. xiv) Restore, preserve, and operate such historic properties. xv) Enter, at reasonable times, upon private lands and make examinations or surveys as necessary to the performance of its official duties. However, no member, employee, or agent of the Commission may enter any private building or structure without the express consent of the owner or occupant thereof. xvi) Negotiate at any time with the owner of a building, structure, site, area, or object for its acquisition or its preservation, when such action is reasonably necessary and appropriate. xvii) Take steps, during the period of postponement of demolition or alteration of any historic landmark or property within a historic district, to ascertain what the local governing body can or may do to preserve such property, including consultation with private civic groups, interested private citizens, and other public boards or agencies, and including investigation of potential acquisition by the local governing body when the preservation of a given historic property is clearly in the interest of the general welfare of the community and such property is of certain historic and architectural significance. xviii) Propose to the local governing body changes to this or any other ordinance, and propose new ordinances or laws relating to historic landmarks and districts or relating to a total program for the protection and/or development of the historic resources of Alamance County, the municipalities therein, and their environs. xix) Organize itself and conduct its business, including any meetings or hearings necessary to carry out the purposes of this ordinance. xx) Assist agencies, individuals, civic groups, special interest groups, or other government entities with the erection of Historic Markers and assist in their design and efforts to maintain historical accuracy of the event or occasion that marker signifies. Page 7 of 12

8 3) Board of Adjustment (BOA) a) There is hereby created a Board of Adjustment to have and exercise the following powers: i) The Board of Adjustment shall have the power to authorize, in specific cases, exceptions from the terms of this Ordinance as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this Ordinance will result in practical difficulties or unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. Specific procedures for applications for these reviews will be adopted with this Ordinance. ii) To hear and decide appeals from any order, requirement, decision, or determination made by the Planning Director or designee, Historic Properties Commission, Technical Review Committee or the Planning Board in the enforcement or application of this Ordinance; Commented [LH7]: The various Ordinance requirements for a Board of Adjustment is included for reference only. The Planning Board has stated that they prefer the Planning Board serve in this capacity and a preliminary procedure for meeting conduct has been provided by staff. Should this be under Board of Commissioners? b) The Alamance County Board of Commissioners shall act as the Board of Adjustment for the purposes of this Ordinance as allowed by North Carolina General Statue or successor statue. Any case requiring a decision by the Board of Commissioners will only be reviewed after receiving a recommendation by the Planning Board. c) Any person aggrieved by the decision of the appeal board may appeal such decision to the Court, as provided in Chapter 7A of the North Carolina General Statutes. 3. Planning Department 1) The Board of Commissioners for the County of Alamance does hereby designate the Alamance County Planning Department and its staff as the planning agency authorized by G.S.153A 321 for Alamance County to perform the following duties described in said Statute: d) Make studies of the county and surrounding areas; e) Recommend to the Board of Commissioners objectives to be sought in the development of the study area; f) Prepare and present to the Board of Commissioners plans for achieving these objectives; g) Develop and recommend policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner; h) Perform any other related duties that the Board of Commissioners may direct. Commented [LH8]: Probably not necessary due to BOCC section. 2) The Alamance County planning agency is hereby granted the supplemental powers set forth in G. S. 153A 322, to be exercised in the manner set forth in that Statute, and 3) The Alamance County Planning Department is hereby specifically charged with responsibility, under the direction and subject to final approval of the Board of Commissioners for the following: a) Developing and proposing a community development plan; b) Carrying out responsibilities as the County s lead agency for transportation planning; c) Carrying out responsibilities as the County s lead agency for land development planning; d) Administration of County Ordinances as assigned; Page 8 of 12

9 e) Such other responsibilities as the Board of Commissioners may from time to time specifically assign to the Alamance County Planning Department. 4. Planning Director a) The Planning Director, under the direction of the County Manager or his/her designee, shall serve as the professional staff support to the Planning Board and Historic Properties Commission. The Planning Director shall be responsible for the administration and enforcement of this Ordinance unless otherwise assigned within the text of this Ordinance. b) The Planning Director shall have the authority to appoint a designee, at his/her discretion, to assist in the administration and enforcement of this Ordinance. Nothing in this section is or shall be construed to limit the authority of any other officer of the County, to observe and report violations of this chapter during the course of conduct and within the scope of official duties. This includes acting as: i) Watershed Administrator A. The Watershed Administrator shall issue Watershed Protection Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours. B. The Watershed Administrator shall keep records of all amendments to the local water supply Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the North Carolina Department of Environmental Quality. C. The Watershed Administrator shall keep records of the jurisdiction's utilization of the Special Non Residential Intensity Allocation (SNIA) provision. Records for each watershed shall include the total acres of the balance of the watershed, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, acres, site plan, and use, as applicable. D. The Watershed Administrator is granted the authority to administer and enforce the provisions of this Ordinance, exercising in the fulfillment of their responsibility the full police power of the County except that no civil or criminal action can be taken without the expressed permission of the County Manager. The Watershed Administrators, or their duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon them by this Ordinance. E. The Watershed Administrator shall keep a record of variances to the Watershed Protection Ordinance. This record shall be submitted for each calendar year to the Division of Water Quality; on or before January 1st of the following year and shall provide a description of each project receiving a variance and the reasons or granting the variance. F. Hazardous Materials Inventory. An inventory of hazardous materials as applicable to Article 400 shall be kept in the Alamance County Emergency Management Office. G. Spill Containment Plan. All spill containment plans required for new above ground storage tanks shall be kept on file in the Alamance County Emergency Management Office. Commented [LH9]: This one was a bit trickier and may represent a change in policy to the Boards. A requirement for appointment and swearing in was removed (this can be amended at the Board s discretion) A requirement for a separate Watershed Administrator in the Inspections Department was removed in favor of some slight changes in review process (See Procedures and Development Standards ) These changes will likely require approval at the state level through DEQ. The Watershed Board of Adjustment has been removed. It has not met since 1994, and, at the direction of the Planning Board, all BOA type decisions have been moved to the Board of County Commissioners (after a Planning Board hearing and recommendation). Commented [LH10]: It would be a policy change to remove this. Can remove at the discretion of the Planning Board and County Manager. Commented [LH11]: This should probably be altered to ensure that this HMI is on file with the ACEMO. Commented [LH12]: Need to verify with Alamance County Emergency Management. Slight change in that the Watershed Administrator would verify that these items are on file, not cause them to be created. Potentially, EM may provide better guidance on how to state this in the ordinance and make recommendations for better code enforcement of this provision. Page 9 of 12

10 b) Floodplain Administrator i) The Floodplain Administrator shall perform, but not be limited to, the following duties: (1) Review all floodplain development applications and issue permits for all proposed development within Special Flood Hazard Areas to assure that the requirements of this ordinance have been satisfied. (2) Review all proposed development within Special Flood Hazard Areas to assure that all necessary local, state and federal permits have been received, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C (3) Notify adjacent communities and the North Carolina Department of Public Safety, Division of Emergency Management, State Coordinator for the National Flood Insurance Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is maintained. (5) Prevent encroachments into floodways and non encroachment areas unless the certification and flood hazard reduction provisions of Article 5, Section F are met. (6) Obtain actual elevation (in relation to NAVD 1988) of the reference level (including basement) and all attendant utilities of all new and substantially improved structures, in accordance with the provisions of Article 4, Section B(3). (7) Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially improved structures and utilities have been floodproofed, in accordance with the provisions of Article 4, Section B(3). (8) Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance with the provisions of Article 4, Section B(3). (9) When floodproofing is utilized for a particular structure, obtain certifications from a registered professional engineer or architect in accordance with the provisions of Article 4, Section B(3) and Article 5, Section B(2). (10) Where interpretation is needed as to the exact location of boundaries of the Special Flood Hazard Areas, floodways, or non encroachment areas (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (11) When BFE data has not been provided in accordance with the provisions of Article 3, Section B, obtain, review, and reasonably utilize any BFE data, along with floodway data or non encroachment area data available from a federal, state, or other source, including data developed pursuant to Article 5, Section D(2)(c), in order to administer the provisions of this ordinance. (12) When BFE data is provided but no floodway or non encroachment area data has been provided in accordance with the provisions of Article 3, Section B, obtain, review, and reasonably utilize any floodway data or non encroachment area data available from a federal, state, or other source in order to administer the provisions of this ordinance. (13) When the lowest floor and the lowest adjacent grade of a structure or the lowest Page 10 of 12

11 ground elevation of a parcel in a Special Flood Hazard Area is above the BFE, advise the property owner of the option to apply for a Letter of Map Amendment (LOMA) from FEMA. Maintain a copy of the LOMA issued by FEMA in the floodplain development permit file. (OPTIONAL) (14) Permanently maintain all records that pertain to the administration of this ordinance and make these records available for public inspection, recognizing that such information may be subject to the Privacy Act of 1974, as amended. (15) Make on site inspections of work in progress. As the work pursuant to a floodplain development permit progresses, the Floodplain Administrator shall make as many inspections of the work as may be necessary to ensure that the work is being done according to the provisions of the local ordinance and the terms of the permit. In exercising this power, the Floodplain Administrator has a right, upon presentation of proper credentials, to enter on any premises within the jurisdiction of the community at any reasonable hour for the purposes of inspection or other enforcement action. (16) Issue stop work orders as required. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this ordinance, the Floodplain Administrator may order the work to be immediately stopped. The stop work order shall be in writing and directed to the person doing or in charge of the work. The stop work order shall state the specific work to be stopped, the specific reason(s) for the stoppage, and the condition(s) under which the work may be resumed. Violation of a stop work order constitutes a misdemeanor. (17) Revoke floodplain development permits as required. The Floodplain Administrator may revoke and require the return of the floodplain development permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any floodplain development permit mistakenly issued in violation of an applicable State or local law may also be revoked. (18) Make periodic inspections throughout the Special Flood Hazard Areas within the jurisdiction of the community. The Floodplain Administrator and each member of his or her inspections department shall have a right, upon presentation of proper credentials, to enter on any premises within the territorial jurisdiction of the department at any reasonable hour for the purposes of inspection or other enforcement action. (19) Follow through with corrective procedures of Article X, Section X. (20) Review, provide input, and make recommendations for variance requests. (21) Maintain a current map repository to include, but not limited to, historical and effective FIS Report, historical and effective FIRM and other official flood maps and studies adopted in accordance with the provisions of Article 3, Section B of this ordinance, including any revisions thereto including Letters of Map Change, issued by FEMA. Notify State and FEMA of mapping needs. (22) Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision Based on Fill (LOMR Fs) and Letters of Map Revision (LOMRs). Commented [LH13]: Highlighted sections will require filling in when ordinance is finalized. Commented [LH14]: Blue text indicates clarifications/changes from 2007 model ordinance. Page 11 of 12

12 c) Subdivision Administrator i) The powers and duties of the Subdivision Administrator shall be to implement the provisions of this Ordinance as stated herein. ii) The Subdivision Administrator will act as the staff support to the Technical Review Committee. Commented [LH15]: Removed a requirement for appointment by County Manager or BOCC 4) Technical Review Committee (TRC) a) The responsibility of the representatives of the Technical Review Committee may include reviewing plans and performing the necessary field work and investigation as required by this Ordinance. b) The Technical Review Committee shall consist of the Subdivision Administrator and representatives from the Alamance County Health Department, Alamance County Planning Board, Alamance County Soil and Water Conservation, North Carolina Department of Transportation, North Carolina Department of Environmental Quality, Alamance County Emergency Management and the Alamance County Building Inspections Department. c) Other agencies and specialists as deemed necessary by the Subdivision Administrator to properly implement the provisions and intent of this Ordinance maybe included from time to time. These may include but are not limited to representatives from the Alamance County Recreation and Parks Department, the Alamance Burlington School System, the Alamance County Homebuilders Association and the Alamance County's Attorney Office. d) The Technical Review Committee shall meet the second and fourth Thursday's of each month as needed. The subdivider shall be included in the technical review meeting. e) Preliminary Plans must be reviewed within fifteen (15) days of their receipt. f) The first and third Monday's of each month should serve as cutoff points for receiving plans. The Technical Review Committee shall review plans and plats for compliance with provisions and intent of this Ordinance. 5) Summary of Review Authority The Planning Department will generally be responsible for ensuring the requirements of this Ordinance are followed unless specifically assigned differently within the text of the Ordinance. Commented [LH16]: I believe this should be the model for the new Ordinance; other requirements should be moved to the Procedures section. Added meeting schedule here. Commented [LH17]: Covered in procedures Commented [LH18]: Are there any more entities needed? Code Enforcement Officer or Code Enforcement? Commented [LH19]: This is probably no longer needed due to the structure as outline previously. Page 12 of 12

13 ARTICLE III GENERAL PROCEDURES 1. Purpose a. The purpose of this ordinance is to establish standards for the location, permitting, and enforcement of regulated activities located within Alamance County's ordinance-making jurisdiction. b. All activities regulated by this Ordinance shall be required to apply for permits or licenses through the Alamance County Planning Department prior engaging in or expanding any regulated activity, construction and/or operational activities. c. Applicants are strongly encouraged to meet with Planning Staff members to discuss the nature of their application prior to making a formal application or submitting a site plan. 2. General Standards a. General i. The owner of the property or their authorized agent shall submit all applications. The Administrator may require reasonable proof of identity or responsibility from any person submitting an application. ii. The entity responsible for review and approval of any permit or license may waive submission of required elements of information when in their opinion such information is otherwise available or is not necessary. iii. All applications for permits shall be submitted, reviewed and processed in accordance with the requirements specified in this ordinance. iv. No permit will be issued until a valid license, site plan or plat is approved as applicable. b. Specifications for Plans and Plats i. Site Plans 1. Any Permits or Licenses required by this Ordinance shall be made to the Planning Department upon a form published for that purpose upon payment of the approved fees for the review. 2. Plans should generally be in a generally accepted format for the plan type submitted, should be clearly legible, and provide the information needed for the review body to determine conformance with this Ordinance. 3. Specific items required for the review of site plans shall include but is not limited to the items listed in Appendix XXX. ii. Plats 1. Plats shall be standard sheet size of eighteen by twenty-four inches (18" x 24") and as required by the Alamance County Register of Deeds. The scale for the plat shall be the largest that will fit the standard sheet but no smaller than one (1) inch equals four hundred feet (400'). Final plats shall conform to N.C.G.S , as amended, and any other requirements of this Ordinance. Final plats shall include but not be limited to data listed in Appendix-XXX. Commented [LH1]: Is this redundant? Should we add allowance for payment of review and/or permitting fees as set on the Fee Schedule? Page 1 of 17

14 c. Administrative Review and Approvals i. Administrative reviews and approvals may be required by this Ordinance. ii. Any Permits or Licenses required by this Ordinance shall be made to the Planning Department upon a form published for that purpose upon payment of the approved fees for the review. iii. Upon submission of the application, the Administrator will review the application for compliance with the provisions of this Ordinance and advise the applicant on the appropriate permitting procedure needed. iv. Upon review, the Administrator will determine if the submitted application complies with the terms of this Ordinance. v. The Administrator may issue an approval, an approval with conditions, or a denial or forward the application to the appropriate entity for review and approval. vi. If the Administrator denies the application, for the denial must be outlined in writing and provided to the applicant. The applicant may make changes and resubmit the application. vii. Any denial may be appealed as required in Section X of this Ordinance. viii. If the Administrator issues an approval or an approval with conditions, a permit shall be issued to the applicant in a standard format developed by the Planning Department. This permit shall entitle the applicant to proceed with construction and operation in accordance with the approved permit or license. d. Planning Board Review and Recommendations i. Planning Board reviews may be required as stated in this Ordinance. ii. Any Permits or Licenses required by this Ordinance shall be made to the Planning Department upon a form published for that purpose upon payment of the approved fees for the review. iii. Staff will complete an administrative review to verify the application is complete prior to forwarding the application Planning Board for further review. iv. Review by the Planning Board shall occur within sixty (60) days of the submission of the application. v. Following its review, the Planning Board may approve the application, deny the application, or approve the application with conditions. vi. If the Planning Board denies the application or gives conditional the reasons approval for its action shall be noted in the Board's minutes. vii. If the application is denied, the owner may resubmit the application after making any corrective changes. viii. If, upon correction and resubmission of the application to the Planning Board, the Planning Board again denies or approves the application with conditions, the applicant may appeal the decision as outlined in Article II of this Ordinance. Commented [LH2]: Is this an acceptable amount of time? Page 2 of 17

15 e. Historic Properties Commission Review and Approval i. Review and designation by the Historic Properties Commission shall be required as outlined in the Development Standards of this Ordinance. ii. Required Procedures for Designation 1. A local governing body may not adopt or amend an ordinance designating a historic building, structure, site, area, or object, or acquire any landmark, until the steps prescribed by this ordinance and its subsections have been taken, including rules of procedure and guidelines for the altering, restoring, moving, or demolishing properties designated as historic. Designation procedures may be initiated at the request of a property owner or the Commission may contact property owners to determine interest in designation. 2. Designation Reports: The Commission shall make, or cause to be made, an investigation and report that includes all the information contained in this Section. Applications prepared by owners will be judged by the same criteria as those prepared by the Commission. a. The name of the property to be considered for designation both common and historic names, if they can be determined; b. The name and address of the current property owner; c. The location of the property proposed to be designated historic, including the street address and parcel identification number (GPIN); d. The date of construction and of any later alterations, if any; e. An assessment of this significance of the site or structure pursuant to Section X; f. An architectural or archaeological description of the area of the site or structure proposed to be designated, the report shall contain a description of those features; g. A historical discussion of the site or structure within its type, period, and locality; h. A photograph that clearly depicts the property proposed to be designated and supplementary photographs showing facades, details and siting; and i. A map showing the location of the property and area to be designated, including any outbuildings and appurtenant features. iii. Consideration of the Report: Once the designation report has been prepared, either by the Commission or by the owner, and is deemed by the Commission staff to meet the provisions of subsection X, the Commission shall consider the report. The Commission may accept it, amend it, or recommend further study. Prior to final action on a designation report, the Commission shall indicate the extent to which the landmark meets the criteria for designation in Section X. Commented [LH3]: Make sure we are clear for all required types of designation. Do we need an allowance for historic signs? Page 3 of 17

16 The Commission should consider any comments received in writing from the Department of Natural and Cultural Resources or its successor agency. If the Department does not submit its written comments or recommendations in connection with any proposed designation within thirty days following receipt of the report, the Commission and the local governing body shall be relieved of any responsibility to consider such comments. After the expiration of the thirty (30) day comment period given the Department of Natural and Cultural Resources, the Commission may recommend to the local governing body that the property be designated as a historic landmark. iv. Review by the Department of Natural and Cultural Resources: Staff should submit any report accepted by the Commission shall be submitted to the North Carolina Department of Natural and Cultural Resources, Office of Archives and History or its successor agency, for comments pursuant to G.S. 160A-400.6, as amended from time to time. The Department of Natural and Cultural Resources or its successor agency, acting through the State Historic Preservation Officer, shall either upon request of the Department or at the initiative of the Commission, be given an opportunity to review and comment upon the substance and effect of the designation of any landmark pursuant to this ordinance. v. Review by Other Groups The local governing body may also, in its discretion, refer the designation report and proposed boundaries to any local preservation commission or other interested body for its recommendations prior to taking action to amend the zoning ordinance. vi. Adoption of a Designation Ordinance: On receipt of these reports and recommendations, the local governing body may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning ordinance provisions. vii. Revisions to Districts: With respect to any changes in the boundaries of an adopted historic district subsequent to its initial establishment, the requirements and procedures contained in Section 5.0 shall apply. viii. Submission to the Governing Body: The Commission shall forward its recommendation to the local governing body. The Commission shall submit a copy of the designation report, any written comments received from the Department of Natural and Cultural Resources, and if the recommendation is for approval, a proposed ordinance of designation, to the local governing body. ix. Public Hearing: When a proposed ordinance of designation is submitted, the Commission and the local governing body shall hold a joint public hearing or separate public hearings on the proposed ordinance. Reasonable notice of the time and place thereof shall be given as outlined in Section X. x. Adoption of a Designation Ordinance: Following the required public hearing, the local governing body shall consider the designation report, the Commission s recommendation, the Department of Natural and Cultural Resource s Commented [LH4]: Clarified language Commented [LH5]: Added text to clarify notification should be same as outlined here. Page 4 of 17

17 comments, and the comments made at the public hearing, and may adopt the ordinance as proposed, adopt the ordinance with amendments, or reject the ordinance. xi. Actions Subsequent to Approval: Upon adoption of the ordinance: 1. Commission staff shall send the owner(s) of the landmark, as identified by current tax records, written notice of such designation within thirty (30) days of adoption of the ordinance by certified mail, return receipt requested. 2. The Commission shall file one copy of the ordinance and any subsequent amendments thereto, in the office of the Register of Deeds of Alamance County. The Register of Deeds shall index each historic landmark according to the name of the owner in the grantee and grantor indexes. The Commission shall pay a fee for filing and indexing. 3. A copy of the ordinance shall be given to the Alamance County Inspections Director. 4. In the case of a landmark lying within the zoning jurisdiction of a municipality, a copy of the ordinance shall be kept on file in the office of the municipal clerk and be made available for public inspection at any reasonable time. A copy shall also be given to the municipality s Inspections Director. 5. All tax maps maintained by Alamance County shall clearly indicate the designation of a building, structure, site, area, or object as a historic landmark for as long as the designation remains in effect. 6. The Commission staff shall notify the tax assessor of Alamance County of the landmark designation. The assessor shall consider the designation and any recorded restriction on the landmark in appraising it for tax purposes. xii. Denied Applications: If the local governing body denies a designation report, a copy of the minutes of the meeting at which such a decision to deny the report shall be mailed to the owner of the property proposed for designation. f. The Historic Properties Commission shall review applications for a Certificate of Appropriateness as outlined in the Development Standards of this Ordinance. i. Applications for the Certificate shall be obtained from and, when completed, filed with the Commission staff within the Planning Department. ii. Applications for Certificates of Appropriateness shall be considered by the Commission at its next regularly scheduled meeting, provided they have been filed, complete in form and content, at least 10 working days before the meeting; otherwise consideration shall be deferred until the following meeting. iii. Contents of Application: The Commission shall, by uniform rule in its Rules of Procedure, require information as is reasonably necessary to determine the nature of the application. An application for a Certificate of Appropriateness shall not be considered complete until the required information is included. An Page 5 of 17

18 incomplete application shall not be accepted. Nothing shall prevent the applicant from filing with the application additional relevant information bearing on the application. iv. Notification of Affected Property Owners Before considering an application for a Certificate of Appropriateness, the Commission shall notify by mail the owners of any adjacent property. The mailed notices are for the convenience of the property owners and occupants and any defect or their omission therein shall not impair the validity of issuing a Certificate of Appropriateness, or any following action. v. Hearing: When considering an application, the Commission shall give the applicant and owners of any property likely to be materially affected by the application, an opportunity to be heard. vi. Commission Action on Application: When considering the application, the Commission shall apply the review guidelines required by Section X, and shall, before final action of the application, make findings of fact indicating the extent to which the application is or is not in compliance with the review criteria. The Commission s action on the application shall be approval, approval with conditions, deferral, or disapproval. vii. Appeals of the Commission s Decision An appeal may be made to the governing board of the corresponding jurisdiction regarding the Commission s action in approving or denying any application for a Certificate of Appropriateness. Written notice of intent to appeal must be sent to the Commission, postmarked within twenty (20) days following the Commission s decision, unless oral notice of appeal is made to the Commission during the meeting at which the decision is rendered. Appeals must be filed with the governing board of the corresponding jurisdiction within 60 days following the Commission s decision. Appeals shall be in the nature of certiorari. The governing board s decision in any such case may be appealed to the Superior Court of Alamance County. viii. Reasons for Commission s Actions to Appear in Minutes: The commission shall cause to be entered into the minutes of its meeting the reasons for its actions, whether it be approval, approval with conditions, deferral, or denial. The minutes shall also contain a summary of any citation to the evidence, testimony, studies, or other authority upon which it based its decision. ix. Time Limits: If the Commission fails to take final action upon any application within ninety (90) days after the complete application is submitted to the Commission staff, the application shall be deemed to be approved as submitted. This time period may be extended upon mutual agreement between the Commission and the applicant. A Certificate of Appropriateness shall expire six months after the date of issuance, or in the case of a demolition Certificate of Appropriateness, the effective date, if the work authorized by the certificate has not been commenced. If the work has been discontinued for a period of twelve months after commencement, the permit shall immediately expire. Commented [LH6]: We can simply state they are notified as required in Public Notification Section. Commented [LH7]: In next section Page 6 of 17